Law Office Management
Aug. 2, 2010
Lights, Camera, Law!
With an on-set explosion, a helicopter, and live animals, I tallied the risks and potential disasters my friend faced in realizing his vision for a film.
"This is going to be amazing!" my first-time-director friend beamed as he told me about his upcoming feature film over coffee last winter. Then he proceeded to describe his rather ambitious vision for a western noir film set in 1880s California. "A first-rate special effects guy is donating his services," he said. "And he's already agreed to do the logistics for an on-set explosion! Oh, and we'll also be using live animals and I'll likely shoot some of the action scenes from a helicopter that a volunteer has agreed to fly for free. This is going to be the best indie production ever!" As he continued, the hair on my arms stood on end. My friend's filmic "vision" set my mind ablaze with images of crashing helicopters, injured animals, and other unimaginable on-set disasters. I realized that, whether I became formally involved in the production or not, I needed to warn my friend of the multiplicity of risks such an ambitious production entailed - without restraining his artistic impulses. At the end of our conversation, my friend asked me to serve as a co-producer on his "epic" project. I was no stranger to film production. After practicing corporate finance law for several years, I had joined a practice that advised independent film directors and producers on a host of production-related legal issues. But I had always aspired to a larger role in film production, so after briefly weighing the pros and cons, I said yes. I approached my new venture with a healthy dose of trepidation. I had never attempted to juggle the responsibilities that went with being both a lawyer and an independent film producer. Just two years earlier, I earned an LL.M. degree in entertainment and media law from UCLA's law school. This program left me with a strong sense that, as a legal advisor to a production team, my primary responsibility was to serve as an important stopgap when my client's actions or the actions of other players posed risks that might endanger the interests of a production. My job was to help inexperienced clients navigate a legal and regulatory maze unique to film productions: following securities laws about accepting funds from investors, staying abreast of immigration and employment laws when hiring talent, and being aware of collective bargaining agreements when managing interactions with actors and other personnel. When I took on the duties of a film producer, I quickly realized that I needed to set boundaries to mitigate risk and manage exposure while simultaneously accommodating the creative process. I often found myself managing conflicts between stakeholders who had similar but divergent interests. Getting parties who were involved in different aspects of the process to speak the same language mirrored the transactional work I had done as an attorney at a global law firm, where I worked with investment bankers, legal advisors, and corporate management. After all, an insurance company's view of whether a particular pyrotechnic activity is "essential" to a film's narrative and that of a director are bound to be very different indeed. In the end, a healthy dose of pragmatism saved the ambitious western noir from many of the logistical difficulties I initially anticipated. The pyrotechnic effects were modified to satisfy the more risk-averse stakeholders while upholding the artistic integrity of the piece. I persuaded the production staff not to take on the risk of using a volunteer helicopter pilot. (The astronomical insurance premium quote also drove the point home.) The live animals - mostly horses and cows used in the background for scenic effect - behaved themselves impeccably, and their on-camera appearances went off without incident. The world of film production has its share of ups and downs, and good days (more often late nights) and bad. However, when an actor thanks me for helping to resolve a disagreement with a member of the production staff, or when I see a twinkle in my director-friend's eye as he describes a scene that was perfectly executed, I step back and relish the thought that, for a brief moment, I am playing an important part in a venture that might just entertain and inspire us all. Danielle E. Sherrod, a corporate finance and entertainment lawyer, currently works for the U.S. Department of Defense in Los Angeles.
Kari Santos
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